STATUTORY RULES.
1961 No. 104.
REGULATION UNDER THE EGG EXPORT CHARGES ACT 1947.*
WHEREAS by section 5 of the Egg Export Charges Act 1947 it is provided, amongst other things, that the Governor-General may, after report to the Minister by the Australian Egg Board, make regulations prescribing lower rates of the charges imposed on any eggs exported from the Commonwealth:
And whereas the Australian Egg Board has made a report to the Minister that the rates of the charges imposed on eggs exported from the Commonwealth should be such rates as are specified in the table to regulation 5 of the Egg Export Charges Regulations as amended by these Regulations, being rates lower than the rates imposed by the Egg Export Charges Act 1947:
And whereas it is provided by section sixteen A of the Acts Interpretation Act 1901-1957 that where, in an Act, the Governor-General is referred to, the reference shall, unless the contrary intention appears, be deemed to include the person for the time being administering the Government of the Commonwealth and shall, unless the contrary intention appears, be read as referring to a person so deemed to be included in the reference, acting with the advice of the Federal Executive Council:
Now therefore I, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Egg Export Charges Act 1947.
Dated this second day of August, 1961.
DALLAS BROOKS
Administrator.
By His Excellency’s Command,
(Sgd.) C. F. ADERMANN
Minister of State for Primary Industry.
AMENDMENT OF THE EGG EXPORT CHARGES REGULATIONS.†
After regulation 4 of the Egg Export Charges Regulations the following Regulation is added:—
Rates of charges.
“5. The rates of the charges imposed, and to be levied and paid, under section 3 of the Egg Export Charges Act 1947 are as specified in the following table:—
Kind of Eggs. | Rate of Charge in Pence. |
Eggs in shell ................................................ | 7.5 per 30 dozen eggs |
Liquid whole egg ............................................ | .3 per pound |
Liquid egg white ............................................. | .3 per pound |
Liquid egg yolk .............................................. | .3 per pound |
Dried whole egg ............................................. | .9 per pound |
Sugared dried egg ............................................ | .6 per pound |
Dried egg white ............................................. | 1.75 per pound |
*Notified in Commonwealth Gazette on 10th August, 1961.
†Statutory Rules 1959, No. 60.
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
5868/61.—PRICE 3D. 9/13.7.1961.
Overview
The Egg Export Charges Act 1947 was enacted to provide a framework for the imposition of charges on eggs exported from Australia. This legislation was designed to address the need for regulating the export of eggs to ensure that the industry was adequately supported and managed. The Act allows the Governor-General, with the advice of the Federal Executive Council, to establish rates for these charges. In 1961, the Egg Export Charges Regulations were amended to reflect a reduction in the rates of these charges, following a report from the Australian Egg Board. This amendment aimed to make the export of eggs more competitive in the international market while still ensuring that the industry received necessary support. The regulations were made under the authority of the Egg Export Charges Act 1947 and were notified in the Commonwealth Gazette on 10 August 1961.
Scope and Application
The Egg Export Charges Regulations, made under the Egg Export Charges Act 1947, apply to entities involved in the export of eggs from the Commonwealth of Australia. This legislation specifically targets exporters of eggs, including both shell eggs and various liquid and dried egg products, imposing charges on these exports to generate revenue. The regulations detail the rates of charges to be levied on different types of eggs, as specified in the table within the regulations. These regulations have a national reach, applying across all states and territories within Australia. They do not explicitly state any exclusions, exemptions, or thresholds, but the charges apply universally to all egg exports as defined. The Act allows for the modification of these charges through subordinate instruments, as evidenced by the amendment of the Egg Export Charges Regulations, which adjusts the rates of charges based on the Australian Egg Board’s reports to the Minister. This legislative framework ensures a structured and consistent approach to regulating egg export charges within the Commonwealth.
Key Provisions
The Egg Export Charges Regulations, made under the Egg Export Charges Act 1947, establish the rates of charges imposed on eggs exported from Australia. Regulation 5 specifically details the revised rates, which are lower than those previously imposed by the Act (section 5). These rates are applicable to various types of eggs, including eggs in shell, liquid whole egg, liquid egg white, liquid egg yolk, dried whole egg, sugared dried egg, and dried egg white. The charges are specified in pence per unit, such as per 30 dozen eggs or per pound, depending on the type of egg.
The Act and these Regulations impose certain obligations on exporters of eggs from Australia. Exporters are required to pay the specified charges for each type of egg they export. These charges are levied as a means to regulate and manage the export of eggs from the Commonwealth. The Act provides the framework for setting these charges, while the Regulations detail the specific rates that must be adhered to. Failure to comply with these charges could potentially result in legal consequences for the exporter.
Breaching the provisions of the Egg Export Charges Act 1947 or the associated Regulations could lead to various consequences, including civil and criminal penalties. While the specific penalties are not detailed within the text of the Regulations, the Act and associated legislation may provide for fines or other penalties for non-compliance. The exact penalties would be determined by the courts and would depend on the nature and severity of the breach. The implications of non-compliance can include legal action, financial penalties, and potential damage to the exporter's reputation in the industry.